News – AEPO-ARTIS

AEPO-ARTIS welcomes the Joint Declaration on Culture and calls for strong implementation of its commitments

AEPO-ARTIS — Mon, 22 Jun 2026 10:45:40 +0000

AEPO-ARTIS warmly welcomes the signature of the Joint Declaration on Culture, “Europe for Culture – Culture for Europe”, by the Presidents of the European Parliament, the European Commission and the Council of the European Union.

Europe’s cultural and creative sectors are among its greatest assets. The declaration echoes the views of AEPO-ARTIS that artists and cultural professionals are “at the heart of our cultural and creative sectors and industries” and that “fair remuneration and adequate working conditions are fundamental to artistic freedom and cultural diversity”.

Performers play a central role in this ecosystem, ensuring that cultural works reach audiences and remain culturally and linguistically diverse across Europe. Their contribution is essential to sustaining cultural diversity and strengthening public engagement with culture. Achieving these objectives requires robust policy initiatives, effective enforcement of rights and sustained public support.

When addressing AI we are pleased to see adjectives such as “ethical, sustainable and responsible” as well as “fair human-centric and rights-based approach”, but perhaps the most welcome part of the declaration is the commitment to “protecting intellectual property rights, by addressing the impacts of AI on creators and their fair remuneration while embracing innovation.”

We are at a moment where there is great uncertainty over whether creators will share in the revenue that producers and GenAI model and service providers will derive from the exploitation of the talents of performers and other creators. This part of the declaration sends a clear political signal that future policy and legislation must remain centred on human creativity and that technological innovation cannot come at the expense of performers and other creative professionals.

As the European Commission reviews the CDSM Directive and develops future initiatives concerning AI and copyright, the declaration is a reminder that work still needs to be done to achieve the goals it contains. AEPO-ARTIS calls for effective protection for performers and other creators in the digital environment and ensure that the value generated by the use of creative works and performances is fairly shared with those who create them.

AEPO-ARTIS looks forward to working with the European institutions and Member States to ensure that these words are turned into actions.

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AEPO-ARTIS elects new President

AEPO-ARTIS — Tue, 09 Jun 2026 14:29:37 +0000

Today, 9 June, the newly constituted Administrative Council of AEPO-ARTIS held its first meeting. One of its first responsibilities was the election of a new President and two Vice-Presidents.

The members of the Administrative Council unanimously elected Christophe Van Vaerenbergh, Managing Director of AEPO-ARTIS’ Belgian member organisation PlayRight, as President of AEPO-ARTIS, and Patricia Riera-Barsallo and Pál Tomori have been re-elected as Vice-Presidents.

A member of the AEPO-ARTIS Administrative Council since June 2023, Christophe has distinguished himself through his strong commitment, efficiency, and valuable contributions to the organisation’s work.

As Managing Director of PlayRight, the Belgian collective management organisation for performers, both actors and musicians, for more than 15 years, he brings extensive expertise in intellectual property, media, and telecommunications law. Before joining PlayRight, Christophe worked for several Belgian ministers on policy issues ranging from intellectual property and privacy to public IT policy. He also served as the head of the Belgian Standards Bureau and is a qualified lawyer with specialised training in IT and telecommunications law from KU Leuven and the University of Namur.

Upon his election, Christophe thanked the Administrative Council for the expressed trust and former President, Dr. Tilo Gerlach, for his 20-year old service and stated:

“The challenges facing performers today go far beyond collective management. From the impact of AI on the creative sector to strengthening copyright protections and advancing international recognition of performers’ rights, there is important work ahead.

I remain fully committed to ensuring that the voices of artists are heard at every level of decision-making. Together with our members, partners, and stakeholders, we will continue to advocate for a stronger, more transparent, and more effective framework that protects performers and supports their future in an evolving creative landscape.”

The Administrative Council also expressed its sincere gratitude to Tilo Gerlach for his long and dedicated service as President. Following his earlier decision not to stand for another term, Tilo concluded his presidency after many years of leadership and commitment to the organisation and will continue to serve as a member of the Board.

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Music sector welcomes European Parliament’s AgoraEU draft report

AEPO-ARTIS — Tue, 02 Jun 2026 10:09:10 +0000

Together with 25 organisations from across the European music sector, we welcome the draft report by MEP Rafowicz and MEP Kuhnke, and its recognition of music as a dedicated strand within AgoraEU.

Read the full statement below:

1 Music contributes significantly to Europe’s economy: Across EU 27 and UK it contributes €81.9 billion in gross value added to the GDP, provides direct employment for more than 1.3 million people across the EU (15% of total jobs in the cultural and creative sectors) and generates €9.7 billion in export revenue. [Source]

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AEPO-ARTIS discusses Music and AI at the European Parliament

AEPO-ARTIS — Tue, 12 May 2026 10:33:28 +0000

On 6 May, AEPO-ARTIS – together with Finnish MEP Maria Guzenina – organised a discussion on Copyright and AI between MEPs and performers. In a short timeframe—during which we tested the maximum capacity of the room—we provided a forum for multiple MEPs, musicians, and government representatives.

Under the title “Generative AI vs Music: Safeguarding Human Creativity and the Respect of Intellectual Property” we provided musicians a first opportunity to speak at the heart of European democracy as performers.

Croatian pop-artist Mia Dimsic started the debate with the statement that she did not feel threatened by AI, but certainly uncomfortable, while making clear how AI bypasses the actual creation process. “If we would no longer make music because we like the slowness of the process of it, then why are we here?” She was supported in this by the Belgian musician Pascal Oorts, who noted that AI not only competes with human music through its output, but is also increasingly taking a place in the actual production process. In doing so, it erodes trust in the collaborative process that we know and introduces rivalry into the actual creation process.

Our own Nick Yule participated in the debate and put focus on the fact that musicians have actually never signed up for this. While record companies have already begun licensing performers’ recordings, the need for prior authorisation is not something they have paid any attention to. Anne Vuopala, Senior Advisor to the Finnish Ministry of Culture and coordinator of the EU Copyright Infrastructure Task Force, joined with him in this and delved deeper into the need for a proper infrastructure to enable artists to effectively enforce the rights they acquire by law. “We need better tools to identify the human creator and ensure they are kept in the value chain”.

There was a consensus among the panellists that the current framework of the AI Act and codes of practice offer insufficient guarantees to ensure the principles of authorisation, transparency, and remuneration. There was also an acknowledgment that the use that is already widespread has a particularly significant impact on the bargaining position of musicians. In the current context, only major labels appear to have sufficient clout to initiate negotiations with AI providers. However, giving these companies the power to determine the terms for an entire sector carries the risk of a repeat of the streaming debacle.

In a round of reflections, MEP Hannes Heide (Austria) kicked off with the statement that “Being against AI theft is not the same as being against innovation” and that we should certainly expect a bit more from big tech. “Transparency is not a competence that AI providers lack.” While Hannes called on musicians to occupy Place Luxembourg with tour buses, just as farmers do with tractors, MEP Gordan Božanac (Croatia) went a step further. He referred to the enormous role assigned to AI in strengthening the defence sector and called for it to be used to defend our artists against piracy, which is also amplified by AI.

MEP Biljana Borzan (Croatia) took a slightly more moderate position by pointing out the inevitability that some jobs would indeed be lost and that we could not make everyone happy. In his concluding remarks, our former General Secretary Ioan Kaes alluded to this by stating that while we indeed cannot make everyone happy, for once we do want a situation where it is the artist who is ultimately happy. “AI is there to help us try not to make mistakes. Culture is there to help us accept that we do.”

The event ended on a poetic note, with Maria Guzenina and Nick Yule reciting some lyrics by the French metal band Gojira, with the line “Seems all have gone insane for gold” being particularly relevant for some involved in the development of GenAI.

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AEPO-ARTIS wraps up successful conference on 7 years of the CDSM Directive

AEPO-ARTIS — Mon, 11 May 2026 10:47:06 +0000

On 5 May, AEPO-ARTIS organised its 2026 Annual Conference focussing entirely on the assessment of the 2019 CDSM Directive.

In his opening speech, AEPO-ARTIS president Tilo Gerlach already indicated that we are seeing increasingly more characteristics of a changing climate within the European institutions. This was immediately confirmed by the words of EVP Henna Virkkunen, who stated that “Performers are at the heart of the cultural sector.” While referring to the fact that performers bring value to the cultural sector, she emphasised that remuneration is key for performers and that the upcoming assessment will investigate “How the principles in the Directive have affected their negotiation position’.

Commissioner Glenn Micallef confirmed the contribution that performers give to our cultural values and that the assessment of the Directive needs to identify the impact on fair remuneration, hereby referring explicitly to streaming. Regarding AI, he noted that the Commission is considering the need for new measures and that “the benefits of AI need to be felt by the Cultural Creative Sectors.”

In his speech MEP Hannes Heide made it clear: “We are no longer discussing ambitions. We are discussing impact.” The EP will not be satisfied with principles on paper. They want rights in practice and will call upon the Commission for action.

After these encouraging words, AEPO-ARTIS Head of Legal Nick Yule was tasked with confronting the audience with the fact that in practice, there is still very little sign of improvement in the situation of actors. A brief presentation of our most recent report “Acting Fairly?”, based on input from more than 2,300 professional actors – demonstrates in black and white that we are still far from being able to speak of having acquired effective rights in practice.

The recommendations of this report, i.e. the search for solutions that fall outside the contractual relationship, such as non-transferable compensation rights, were the topic of discussion at the first panel of the day. Moderated by French actress Nathalie Boyer, representatives from CMOs from Italy (Isabella Longo), Poland (Sylwia Biadun) and Slovenia (Uroš Rožič), discussed the positive impact of the new legislations they have been able to work with in their countries since the implementation of the Directive. Each of these new sets of laws provides for non-transferable remuneration rights for both performers and authors, whereby the collective management organisation is responsible for collecting directly from the end users.

In the second panel, the floor was then given to the institutions themselves. Head of the Copyright Unit Emmanuelle Du Chalard, MEP Maria Guzenina, and Nóirín Ní Earcáin, responsible for copyright under the upcoming Irish Presidency, provided their views on the assessment, in which each of the institutions plays an important role.

While Emmanuelle pointed out that the objective is to gather evidence from certain sectors, Nóirín admitted that so far it has been difficult to have data on the impact of the Directive, thereby praising the work AEPO-ARTIS has done with the Acting Fairly? report. Maria, in turn, referred to the work that the Parliament has already carried out by keeping a close eye on the Directive and increasing pressure on the Commission to prioritise the needs of artists when evaluating its impact.

It was confirmed that the Commission expects the first version of the assessment study to be finalised by the summer and that the actual Commission report can be expected by the end of the year, or quite soon. Emmanuelle indicated however, “We have all the tools in the Directive, so if we notice that they are not working, we need to have the discussion on why that is”, thereby slightly tempering expectations that the Commission will take a strong position on additional measures. Mention was also made of the fact that the TDM exception is also part of the review and that additional measures could indeed be introduced.

The third panel turned to the impact of the CDSM Directive on musicians and brought together Kristina Delfin Kanceljak (HUZIP), musician Michael Schack and Ibán García Del Blanco, moderated by AEPO-ARTIS Head of Legal Nick Yule. The discussion reflected on developments in the music sector since the adoption of the Directive and revisited themes previously highlighted in the European Parliament resolution on Cultural diversity and the conditions for authors in the European music streaming market. Participants considered areas where progress has been made, but also where longstanding concerns remain, particularly regarding remuneration and whether the expected improvements for creators and performers have materialised in practice.

In a final panel, focus was put on the impact of the Directive on new technologies, and in particular AI. With Kristina Janušauskaitė (IFPI), Tayyiba Nasser (BECS), Juliette Prissard (EUROCINEMA) and Pal Tomori (EJI) producers and performers from both the music and audiovisual sector were well represented.

The debate delved into the AI timeline and the fact that in 2019, no one within the CCS paid attention to the TDM exception. Nevertheless, in the meantime all on the panel see the impact of generative AI on the business of their members.

While all stakeholders support the need for reinstalling the principles of authorisation, transparency and remuneration, the road towards these common goals seems saturated with intersections and forks. This applies both to whether more trust should be placed in the judiciary or new legislation, and who should fulfil which role.

Nevertheless, everyone agreed on the Voss report and the notion of voluntary licensing. There is no need for a system in which the government forces rightholders to license their content and determines the price of their works. Rightholders must retain the freedom to enter into negotiations with users, including in the AI industry, individually or collectively.

That small consensus brought an end to a long day of intense discussions and, above all, the opportunity for our members to engage in direct debate with European policymakers, on stage and during the coffee breaks. We would like to express our sincere gratitude to everyone who attended our conference (as a speaker or participant) for their support of this particularly important event for your organisation.

Watch the conference video here:

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AEPO-ARTIS “Acting Fairly?” report finds EU copyright rules still do not deliver fair remuneration for actors

AEPO-ARTIS — Tue, 05 May 2026 07:04:30 +0000

Brussels, 5 May 2026

AEPO-ARTIS announces the publication of “Acting Fairly?”, a new report assessing the impact of Chapter 3 of the Copyright in the Digital Single Market (CDSM) Directive on the fair remuneration of actors. The report is based on a survey completed by 2,382 professional actors across 11 EU Member States, making it the most extensive analysis of contractual practices affecting actors since the entry into force of the CDSM Directive.

When the CDSM Directive was adopted in 2019, it recognised that performers are often in a weaker contractual position when they transfer or license their rights. It therefore introduced a specific chapter on fair remuneration, including the principle that performers are entitled to “appropriate and proportionate remuneration”, as well as additional rights to transparency, contract adjustment, alternative dispute resolution and rights revocation.

Seven years later, the findings of “Acting Fairly?” show that – for actors – these provisions have not achieved their objective.

The report finds that lump sum contracts providing “buy-outs”, remain the dominant practice in the audiovisual sector. Only 19% of actors have ever worked under a contract entitling them to receive royalties or residuals directly from a producer, broadcaster or streaming platform. This means that the vast majority of actors receive no further payment when the productions in which they perform are successfully shown on TV or on streaming platforms.

The CDSM Directive states that “A lump sum payment can also constitute proportionate remuneration, but it should not be the rule.” According to the survey, 81% of actors consider that the lump sum they receive does not fairly remunerate them for their contribution to a production, while 93% state that receiving a lump sum is not a fair way of sharing streaming revenue in particular.

The Directive is not equipped to address this endemic issue. As one actor said:

“It is general practice that actors are made to sign a buy-out agreement even before the casting. If the actor does not accept the offered amount… they are not even invited to the casting.”

The report also identifies the continuing threat of blacklisting as both an insurmountable problem as well as an explanation why the rights introduced by Articles 19 to 22 of the Directive will never work in practice. A vast number of actors chose to comment on blacklisting with examples such as:

“In all cases, at the moment of hiring we are practically coerced into accepting the conditions imposed by the producer, under penalty of, if we do not accept, losing the work.”

This fear affects the practical use of all the contractual rights introduced by the Directive. On transparency, only 12% of actors working under contracts providing recurring remuneration received the information producers are required to provide at least once a year. One actor commented: “The last time I mentioned, in a project, to the production company, that I wanted more information about streaming revenues, or that I wanted an agreement if the series were sold to streaming, I was looked at badly in the production.”

The possibility to request the adjustment of an existing contract in order to obtain an additional remuneration has also had very limited impact. Only 6% of actors working under contracts providing recurring remuneration had attempted to use the contract adjustment mechanism. One actor stated:

“Disney reassigned me twice as a disciplinary measure after I sought additional remuneration.”

In order to lower the barrier for actors to act in the event of a contractual dispute, Article 21 o fthe directive made the system of alternative dispute resolution procedures mandatory in every Member State. However, only 11% of actors who had ever been involved in a dispute with their producer, broadcaster or streaming platform had used ADR. As one actor explained:

“Triggering any type of litigation or extra collection as suggested here always results in not being hired in the future. The actor who does it will no longer be called either by the studio/producer or by the client.”

The report finds that while the Directive was well intentioned, its contractual tools are of little practical value for actors in an industry where lump sum contracts remain the rule, and blacklisting threatens future employment opportunities.

Based on these findings, AEPO-ARTIS calls on Member States to focus on the effective implementation of Article 18. In particular, AEPO-ARTIS recommends that actors be granted an unwaivable right to equitable remuneration for on-demand streaming, subject to compulsory collective management and paid by the end-user. Such a mechanism would operate outside the individual contract, would not require the actor to initiate action against a producer and could not be waived or removed by contract.

As the review of the CDSM Directive is ongoing, it is hoped that the European Commission will listen to the voices of the 2,382 actors that contributed in the making of this report and recommend that Member States amend their legislation in this manner to ensure that goal of the Directive – fair remuneration – becomes a reality for all actors.

Ioan Kaes, General Secretary of AEPO-ARTIS, said:

“Actors are at the heart of Europe’s audiovisual culture, but the current contractual framework does not ensure that they share fairly in the value generated by their performances. The CDSM Directive recognised the problem, but this report shows that its contractual provisions have not worked for actors in practice and never will. A right that depends on an individual actor challenging a producer is worthless where the consequence may be the loss of future work. Actors need an unwaivable remuneration right that operates collectively and outside the individual contract.”

The full report is available on this link.

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Performers on the agenda of the EU Japan IPA

AEPO-ARTIS — Thu, 30 Apr 2026 06:43:12 +0000

On April 27 and 28, AEPO-ARTIS participated in Tokyo in a conference on AI and IP, organised within the framework of the EU-Japan IP Action project.

The IPA project focusses on enhancing cooperation between Japan and the EU in the field of Intellectual Property, particularly in the digital space. Instigated by the EUIPO, the initiative aims to align IP policies and practices between the EU and Japan. The IPA started officially in October 2025 and will run for 48 months. The conference organised in Tokyo was a first step in bringing the focus of the IPA to the relationship between intellectual property and AI.

The conference took a particularly broad approach and touched upon the use of AI in trademark protection, ongoing lawsuits in both the EU and Japan, as well as the discussions known to us regarding the impact of generative AI on the creative sectors and the manner in which both regions are responding to this. A particularly interesting angle here, for example, was the possibility for performers in Japan to register their voice and likeness as a trademark in an attempt to combat unauthorised digital replicas.

The EU framework, consisting of the CDSM Directive, the AI Act and its implementation package of Code of Practice, Transparency Template and GPAI Guidelines, was presented as providing a proper basis for a balanced practice. In a panel focussing on the audiovisual sector, AEPO-ARTIS was able us to point out that the current EU framework, is far from satisfactory for our actors and that additional measures are needed to guarantee that performers’ rights are respected and that they can obtain remuneration when their work is used for AI purposes.

In a separate panel on the music industry, we confronted representatives of IFPI and the French producers’ CMO SCPP, with the need to develop new remuneration schemes that would avoid repeating the unfair practices existing in the streaming industry. Rather than working together on a search for better and more transparent systems, SCPP went on the offensive by stating that the streaming model was exemplary because performers are by far receiving the largest part of income generated by this mode of exploitation. This gave rise to a very lively discussion in which we were able to demonstrate how the most recent IFPI annual report – on which the panellists based their arguments – misrepresents the figures regarding payments to performers.

As a general conclusion, we can state that the conference has given the Japanese government a clear picture that, regarding AI, there are no lessons to be learned from the European adventure.

In addition to the conference we participated in a workshop on Public Performance Rights. This workshop was organised at the request of the Japanese Copyright Office (JPO) that has drafted a proposal to introduce the right for performers and producers to collect for the public performance of phonograms, a proposal which is currently being submitted to the Diet (Japanese Parliament).

The proposal is the result of pressure from the EU within the EU-Japan Economic Partnership Agreement (EPA) signed in 2019, which includes specific commitments in the field of intellectual property. The workshop focussed on providing the Japanese Copyright Office with a clear view on the practice of the collection of remuneration for the public performance of music by authors, producers and performers. AEPO-ARTIS was able to partially remove the persistent reluctance regarding the right of performers to receive remuneration for this type of exploitation, by highlighting the importance of the collection for our performers’ income and providing insight into the long history that preceded this irreversible practice.

We thank the EUIPO for including AEPO-ARTIS in the EU’s delegation to this important mission and hope that this will soon unlock new revenues for our European performers.

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European Parliament adopts INI-report “Copyright and generative artificial intelligence – opportunities and challenges”

AEPO-ARTIS — Tue, 31 Mar 2026 14:55:27 +0000

On 10 March the European Parliament adopted with a large majority the INI-report “Copyright and generative artificial intelligence – opportunities and challenges” as approved by the JURI Committee earlier this year.

The report demonstrates a good understanding of the issues at hand and provides a strong but balanced signal to the Commission that copyright dependent sectors require additional action to guarantee that their contribution to the development of AI results in a sharing of added value.

The report recognises the key role our creative and cultural sector plays in the EU and the great diversity in contractual practices that exists in our sector. It condemns the widespread violation of copyright rules by GenAI providers and acknowledges that current copyright law is insufficient to address the challenge of licensing copyrighted material for GenAI.

With this in mind, it calls on the Commission to facilitate a working licensing market that ensures the fair remuneration of rights holders. And in this regard, Parliament expresses itself particularly positively regarding collective management and sends a clear signal to the Commission through a multitude of references that collective management of rights is part of the solution.

However, that role remains limited to being “voluntary”. AEPO-ARTIS remains critical of the fact that a presumption of collective management – as included in Paragraph 6 for journalists – was not granted to performers.

It should be noted here that the notion of “voluntary” primarily refers to the choice not to opt for a levy system under which rights holders would be obliged to grant a license whose price is determined by the government. The voluntary nature lies primarily in the freedom to choose whether or not to offer a license and to determine the price oneself. This could just as easily occur within a system where collective management would be mandatory for certain categories of rights holders—such as journalists and performers. In that case, the mandatory nature would safeguard the freedom to determine the price oneself (as a collective) rather than jeopardise it.

The report also instructs the Commission to examine whether there is a possible solution for the immediate, fair and proportionate remuneration for past uses of copyright-protected works by providers of general-purpose AI models.

Furthermore, the resolution places strong emphasis on transparency. It calls for the strengthening of the transparency obligations for AI developers and proposes the establishment of a rebuttable presumption of use where full transparency obligations have not been fully complied with. It should be noted here that in France, the Conseil d’État expressed a positive opinion last week regarding the Senate’s proposal to introduce such a presumption.

Finally, the issues surrounding digital avatars are also mentioned by the report that instructs the Commission to investigate measures to protect artists against the dissemination of manipulated and AI-generated digital image, audio or video content, imitating their personal characteristics without consent.

You can read the full resolution following this link. While the resolution has no legislative force whatsoever, the Commission is nevertheless obliged to respond to it. In this way, Parliamentary resolutions are of great value for adjusting the Commission’s work plan. If the Commission does not wish to act on the matters raised by Parliament, it will have to provide sound reasons for this.

AEPO-ARTIS has thanked rapporteur Axel Voss (EPP) and his shadow rapporteurs for the enormous work put into getting this balanced text adopted by the Parliament.

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Music360 at the European Parliament: A 360-Degree Perspective on the Value of Music

AEPO-ARTIS — Fri, 27 Feb 2026 13:10:26 +0000

On 25 February 2026, AEPO-ARTIS organised an event at the European Parliament, hosted by MEP Hélder Sousa Silva, presenting the results of the Horizon Europe Music360 project.

Music360 is a project that aims to examine the value of the public performance of music and brings together a number of partners, including AEPO-ARTIS members, GDA, SENA and Gramex Finland (via music licensing body GTM).

The meeting, hosted in collaboration with MEP Hélder Sousa Silva — member of the Budget (BUDG) and Culture and Education (CULT) Committees was the final event of the Music360 project, at which its findings and recommendations were presented, in the presence of a delegation of the Commission, led by Mr. Patrico Ortiz De La Torre, head of sector at the European Research Executive Agency (REA).

A significant part of the event focused on the Living Labs carried out in the Netherlands and Spain. The Dutch experiments, presented by representatives from SENA and Vrije Universiteit Amsterdam, explored the impact of music tempo on retail environments. Results indicated that while music tempo did not directly increase turnover, it had measurable effects on employee mood and job satisfaction.

The Spanish Living Lab, led by Professor Conrado Carrascosa López (Universitat Politècnica de València) looked at the therapeutic use of music during chemotherapy sessions. Data collected showed music improved patient wellbeing and was greatly appreciated by staff.

The meeting also included a demonstration of the Music360 digital dashboard by Bruno Gaminha of GDA. The dashboard shows how data on music use can be aggregated and analysed to the benefit of both rightsholders and policymakers.

AEPO-ARTIS’ Head of Legal, Nick Yule presented policy recommendations arising from the project, notably the creation of a dedicated music section within a future EU Cultural Data Hub and the establishment of a stakeholder group to continue work done, but to also encompass the impact of generative AI, especially on the public performance of music.

The session concluded with reflections from MEP Hannes Heide who expressed positive views on several elements of the project, including the importance of reliable data for future cultural policy initiatives and the creation of an EU Cultural Data Hub.

Sincere thanks go to MEP Hélder Sousa Silva who has shown himself in recent months to be a true fighter for the cultural sector, and particularly for his statement that his “door is always open for AEPO-ARTIS”.

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Commission states that GPAI models trained without respecting rights reservations cannot be deployed within the EU

AEPO-ARTIS — Mon, 23 Feb 2026 15:10:15 +0000

On Friday 20 February, Commissioner Henna Virkkunen responded to a written question on the respect of EU based opt-outs by non-EU Generative AI developers that deploy their models within the EU market. For the Commission, the EU legislation is clear. AI providers need to respect rights reservations made in accordance with article 4 of the CDSM directive and this applies regardless of the jurisdiction in which the copyright-relevant acts underpinning the training of those GPAI models take place.

The clarification comes in response to a written question tabled by MEPs Emma Rafowicz, Laurence Farreng (Renew), Sabine Verheyen (PPE), Bogdan Andrzej Zdrojewski (PPE), Hannes Heide (S&D), Sandro Ruotolo (S&D) and David Cormand (Verts/ALE). Taking France as an example of a country where all collective management organisations (CMOs) representing performers and authors in the music sector have made use of the rights reservation possibility under article 4 of the CDSM (also know as the opt-out), they asked whether services such as UDIO and SUNO could be offered to EU citizens.

The question arises after the recent series of legal proceedings, settlements, and agreements between these services and the US divisions of the three major labels, Sony, Warner, and Universal. The deals drew fierce criticism from musicians who felt unrepresented in these agreements. Not only was there no transparency on the amounts received, nor clarity on how (or whether) the money paid by SUNO and UDIO would be shared with the recording artists, musicians were particularly upset that their explicit choice to reserve their rights was not taken into account.

It is especially the latter where musicians can count on the Commission’s clear support. In no uncertain terms Virkkunen states that when collective management organisations have appropriately exercised the rights reservation in accordance with the criteria established in Article 4(3) of the CDSM directive, “TDM processing would henceforth require prior authorisation from the concerned rightsholders, including when it is used for the training of AI models.”

In addition, she adds that “This obligation applies regardless of the jurisdiction in which the copyright-relevant acts underpinning the training of those GPAI models take place.” In doing so, she makes it undeniably clear that the EU copyright rules do indeed have an international effect and apply to anyone who wants to offer products or services within the EU. The Commission thus endorses the position prepared by the JURI Committee in the so-called Voss Report, which will be submitted to the Plenary next month.

The answer comes at a timely moment also with regard to the assessment of the 2019 CDSM Directive currently being prepared by the Commission, which will specifically examine the effectiveness of the highly contested Article 4.

The demand is no longer limited to France, as authors and performers in more and more countries are reserving their rights through their CMOs. It is also no longer limited to the music sector, as authors and performers in other sectors are also making themselves heard. For example, last week, British actors announced their decision to only allow AI training with explicit consent.

The strong statement in defense of our European rights holders, however, does not offer a solution to an ongoing problem, the problem of inaccessible protocols. Individual authors and performers have the right to not authorise the use of their work for AI purposes by means of a rights reservation. But they face a very practical impracticality. Once their performance has been incorporated in a phonogram or videogram, they have no control of whether any metadata or other means of identification will be attached. This problem is not solved by collectively announcing a rights reservation via a CMO.

In her response, Virkkunen refers to the current Code of Practice on GPAI and the Commission’s recent initiatives into identifying opt-out protocols that can be considered as state-of-the-art, technically implementable, and widely adopted by rightsholders across different cultural and creative sectors. The Commission’s further work on this matter should therefore focus on how collectively expressed rights reservations are better respected by producers and distributors who control the assets and locations through which the work of our creatives is accessible.

The full question and answer can be consulted on the EP website.

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